Comparative Politics: Constitution

• Key Differences:

  • The US Constitution is codified, while the UK is uncodified
  • The US Constitution is sovereign; in the UK, Parliament is sovereign: constitutional versus parliamentary sovereignty
  • Constitutional sovereignty gives the US Supreme Court considerable political power as it interprets the constitution through judicial review
  • The UK Constitution is more flexible to amend, requiring only an Act of Parliament. US Amendment process is complex and required high political support
  • Federalism is embedded in the US Constitution, which is not the case in the UK with devolution
• Areas of Similiarity:

  • both embrace the principles of representative government and democracy
  • Both in reality have evolved and developed over time
  • Each provides for an independent judiciary and some seperation of powers
  • Each seeks to protect the individual rights of its citizens
  • In neither is power found exclusively in central or federal government. The Constitutions of the USA and UK therefore display considerable contrasts but also share some features
• Federalism vs Devolution

  Similarities:

  • neither constitution originally embraced universal suffrage, so democracy has evolved over time - in the USA via amendments, in the UK via statute law.
  • Both systems allow for many powers to be exercised and public services to be delivered at state/regional level. These include some local taxation, education and transport.
  • Both enable local political traditions and trends to be reflected.
  • Arguably the two are closing, with UK Devolution and US State power
• Federalism vs Devolution



  Key Differences:

  • federalism embraces all of the USA; devolution exists in only a minority of the UK and not in England itself
  • The US constitution from the beginning envisaged a clear division and separation of powers between federal and states' government.
  • Devolution in the UK is much more recent and entirely created by legislation. Devolution is essentially power delegated, not permanently and inalienably transferred.
  • The power of states in the USA is considerably greater, including in controversial areas such as the death penalty and abortion
• Comparing Legislatures 


  Similarities:

  • Both legislatures are the supreme law-making body and possess legislative supremacy. Thus, laws passed by states or devolved assemblies cannot conflict with those passed by Congress or Parliament
  • Both also check and scrutinise the executive via committees, investigation and debates
  • Each is bicameral
  • They are dominated by political parties
  • They contain members directly representing geographical areas
• Comparing Legislatures 


  Differences:

  • US Federal law can be snuck down by the courts as unconstitutional whereas UK parliamentary statutes cannot be struck down by the courts
  • Both US Chambers are directly elected whereas UK HoL is appointed
  • US Chambers have equal power, UK HoL is inferior
  • There can be congressional gridlock in US
  • Executive is separate to the Legislature in US whereas in UK PM is in legislature
  • US Legislature can remove only individual members of the executive whereas whole UK Executive can be removed
• Strengths and Weaknesses of each constitution

  The US Constitution:

  • is difficult amend formally but can be amended informally via judicial review and interpretative amendments. Arguably gives too much power to unelected Supreme Court
  • Contains some wording that is vague and general but this enables an essentially eighteenth century document to evolve over time, can lead to conflict
  • enables power to be share and spread, but this can mean gridlock is common and it is difficult to pass reform
• Strengths and Weaknesses of each constitution 


  The UK Constitution:

  • is easy to change, but this can lead to a constantly changing political landscape. Overall change has been evolutionary rather than revolutionary, as with devolution
  • does not have citizens rights entrenched - they are protected mostly by statute law, which could be repealed, but this is unlikely and in any case the UK has signed up to the ECHR
  • gives the PM considerable power over parliament and can usually dominate the legislative agenda, but this has led to accusations of 'presidential premiership'.
• Moving closer together? 


  It could be argued that overall the constitutions of the UK and the USA are becoming more and more similar in some areas:

  • Codification: The UK Constitution is becoming increasingly codified e.g. Ministerial Code
  • Role of the Judiciary: Taking a more political role in the UK after the human rights act and constitutional reform act e.g. 2019 Prorogation
  • Balance of Power: Recent premierships have been less imperial than Blair and thatcher due to the rise of small parties
  • Entrenched Rights: individual rights in the UK have become more embedded with HRA 1998
• Roles of the two constitutions

  Structural: Institutions

  • A codified US Constitution makes it more difficult to formally amend than in the UK
  • Parliamentary sovereignty in the UK results in a less powerful Supreme Court and legislature, as the courts cannot override a prime minister in the same way as in the USA, and the PM usually dominates the legislature
  • The Direct election in the USA of both chambers and their equal powers can lead to gridlock in a way not seen in the UK
  • The US constitution provides for separate branches of government with enumerated powers that can overlap and conflict.
• Roles of the two Constitutions

  Rational: Individuals

  • constitutional limits mean the president often uses informal methods for authority
  • Individual US Supreme Court judges are far more politicised than their UK counterparts
  • The Federalist US Constitution means that pressure groups are far more likely to lobby a range of institutions. Most UK lobbying focuses on westminster
  • US President has a direct mandate from the voters. UK PM is trusted on their party support
  • Mid terms encourage action in the first two years for passing key legislation.
• Roles of the two Constitutions

  Cultural:

  • The entrenched rights of the US Constitution and Bill of rights reflect a clear desire by founding fathers to preserve liberty and limit the concentration of power
  • The evolution and antiquity of the UK Constitution means it still contains aspects of a more feudal past, such as HoL and Royal Assent
  • The entrenched rights in the US Constitution make most Americans keenly aware of their rights. In the UK there is a greater sense of leaving it to parliament, though recourse to the courts to uphold rights perceived to be protected by the ECHR is common